AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
(b) (6)	GRADE	
TYPE  GEN	I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW	
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL	
YES	No			
	x			

MEMBER SITTCNG	VOTE OFTHE BOARD	
	HON	GEN	UOTHC	OTHER	DENY	
(b) (6)
-
-
-
-					•	x	
					•	x	
					•	x	
		x•					
						x•	
ISSUES	A94.53	INDEX NUMBER	A66.00	EXHIBITS SUBMITTED TO THE BOARD	
		1	ORDER APPOINTCNG THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LETTER  OF NOTIFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE HEARING	
lfEAJUNG DATE

25 May 2016	CASE NUMBER

FD-2015-00257			
APPLICANT'S ISSUE AND TiiE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON 1llEATTACHED A1lt FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.	
Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

* CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY	

(b) (6)

-	--·

TO:

FROM:

......_,

SAFIMRBR
550 C STREET WEST, SUlTE 40 RANDOLPH AFB, TX 78150-4742

SEOU:TARY OFllf E AIR FO.RCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD IS.15 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20'71S2-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00257	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable and to change the reason and authority for the discharge.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) but declined and requests that the review be completed based on the available service record.

Pursuant to 10 USC 1553 this board included  a member who is a clinical psychologist or psychiatrist, or a physician with training on mental health issues connected with post traumatic stress disorder or traumatic brain injury and/or special training on mental health disorders.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board grants the request to change the reason and authority for discharge.

DISCUSSION: The applicant was discharged for Misconduct - Drug Abuse with service characterized as Under Honorable Conditions (UHC) (General). The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an applicant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant. The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The applicant's record of service included one Article 15 for wrongfully using Spice.

The applicant states that his discharge was improper because it was based on one isolated incident.  He states that his one-time use of Spice was experimental and to assist with relieving stress.  After review of the  record, the Board found no evidence to indicate that the applicant was unaware of the Air Force policy of zero tolerance to drug use.  However, the Board noted that the psychiatrist did find mental health issues that had an impact on the applicant's misconduct.  A discharge is upgraded only if the applicant and the Board
can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the record, the Board found evidence to justify change to the reason for the discharge.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and that the applicant was provided full administrative due process.

However, in view of the foregoing findings, the Board concludes that the reason for the discharge is more accurately described as Secretarial Authority under the provisions of Title 10, United States Code, Section 1553.

Attachment: Examiner's Brief